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Bombay High Court

DAGDU OMKAR NARWANE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court dismissed the writ petition, refusing to grant mandamus and allowing the petition to be withdrawn.

Summary

Dagdu Omkar Narwane and others filed a writ petition seeking a mandamus directing the State of Maharashtra to acquire their land at Ganeshwadi, Hingoli and to award compensation under Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners attempted to rely on a private measurement map to show that part of their land had been used for road construction. The Court examined the petition and found no basis to grant the relief sought. Consequently, the petitioners were allowed to withdraw the petition, with liberty to approach the Court again after the State authorities complete the measurement. The writ petition was therefore disposed of as withdrawn.

Issues considered

  • What is the appropriate remedy when a petitioner claims that part of their land has been utilized for a public road and seeks compulsory acquisition and compensation under Section 24(1)(a) of the 2013 RT Act?

Legislation cited

Subjects

  • land acquisition
  • compensation
  • mandamus
  • RT Act 2013
  • writ petition

Judgment

2026:BHC-AUG:2039-DB

                                                                                wp-12402.25
                                                       1



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        BENCH AT AURANGABAD


                                   909 WRIT PETITION NO. 12402 OF 2025

                              DAGDU OMKAR NARWANE AND OTHERS
                                           VERSUS
                       THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL
                                    SECRETARY AND ANOTHER


                                 ...
                     Mr. Amarsinha D. Sonkawade Advocate for Petitioners.
                     Mr. R.S. Wani, A.G.P. for Resp. No.1.
                                 ...

                               CORAM:    SMT. VIBHA KANKANWADI AND
                                         HITEN S. VENEGAVKAR, JJ.

                               DATE :    17th JANUARY, 2026

                ORDER :


                1.      Heard learned Advocate for the petitioner. This Petition has

                been filed for following reliefs:-


                         “B.    Issue a writ of mandamus or writ in the like nature
                         directing the respondent authorities to acquire the petitioner
                         land situated at Gat No.3/4 admeasuring 15R, Ganeshwadi,
                         Taluka and District Hingoli and grant compensation as per
                         section 24(1)(a) of the Right to Fair Compensation and
                         Transparency   in   Land   Acquisition,   Rehabilitation   and
                         Resettlement Act, 2013.”



                2.      The petitioners want to rely upon private document i.e. the
                                                        wp-12402.25
                                    2


measurement map to show that portion of their land has been

utilized for preparation of construction of road. We are not

inclined to grant any relief to the petitioners. Therefore, the

learned Advocate for the petitioners seeks withdrawal of the

Petition    with   liberty   to   approach   this   Court   after   the

measurement by the State authorities takes place, for which he

has filed application.



3.    The Writ Petition stands disposed of as withdrawn, with

liberty as prayed for.



[HITEN S. VENEGAVKAR]                   [SMT. VIBHA KANKANWADI]
       JUDGE                                      JUDGE

asb/JAN26


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